Derrick Allen v. STATE OF NORTH CAROLINA, JOSH STEIN, Gov- ernor, ROY COOPER, ROBERT GRAY, RALEIGH…

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DERRICK ALLEN,
Plaintiff-Appellant
v.
STATE OF NORTH CAROLINA, JOSH STEIN, Gov-
ernor, ROY COOPER, ROBERT GRAY, RALEIGH
POLICE DEPARTMENT, JUDITH A. FORTNEY,
KELDA DAVIS, CHARLES HUNTER, DUCE
BAILSBONDING, GRAIL HUNTER, DEVIN
HUNTER, LIBRIA STEPHENS, MAYOR OF
RALEIGH, RALEIGH'S CITY CLERK, RALEIGH'S
CITY MANAGER, WALMART, INC., (Brier Creek),
WAKE COUNTY SHERIFF OFFICE, WAKE
COUNTY DETENTION CENTER, DURHAM POLICE
DEPARTMENT, DURHAM SHERIFF
DEPARTMENT, AVON RIVERIA, (Robert White),
Defendants-Appellees
______________________
2025-1704
______________________
Appeal from the United States District Court for the
District of Columbia in No. 1:25-cv-00787-UNA, Judge
Christopher R. Cooper.
______________________
ON MOTION
______________________
Case: 25-1704 Document: 8 Page: 1 Filed: 07/17/2025

-- 1 of 3 --

ALLEN v. STATE OF NORTH CAROLINA 2
PER CURIAM.
O R D E R
Derrick Allen moves for leave to proceed in forma pau-
peris (IFP) and submits his opening brief but has not re-
sponded to the court’s show cause order directing him to
address our jurisdiction.
Mr. Allen filed a complaint against state and private
entities in the United States District Court for the District
of Columbia and moved for leave to proceed IFP. On March
25, 2025, the district court ordered Mr. Allen to provide a
certified copy of his prison trust account statement or to
inform the court that he was no longer in custody. Mr. Al-
len then filed a notice of appeal directed to this court from
“the decision of the United States District Judge,” ECF No.
1-2 at 1. His motion for IFP before the district court re-
mains pending.
This appeal does not fall within the limited authority
that Congress granted this court to review decisions of fed-
eral district courts. That jurisdiction extends only to cases
arising under the patent laws, see 28 U.S.C. § 1295(a)(1);
civil actions on review to the district court from the United
States Patent and Trademark Office, see § 1295(a)(4)(C); or
certain damages claims against the United States “not ex-
ceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2), see 28
U.S.C. § 1295(a)(2). While 28 U.S.C. § 1631 authorizes this
court to transfer a case to another appropriate court, here
such transfer would not be appropriate because Mr. Allen
is seeking review of an order that is clearly interlocutory
and not appealable to any court. Cf. Roberts v. U.S. Dist.
Ct. for N. Dist. Of Cal., 339 U.S. 844, 845 (1950) (holding
that denial of an IFP motion is an appealable order).
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
Case: 25-1704 Document: 8 Page: 2 Filed: 07/17/2025

-- 2 of 3 --

ALLEN v. STATE OF NORTH CAROLINA 3
(2) ECF No. 4 is denied.
July 17, 2025
Date
FOR THE COURT
Case: 25-1704 Document: 8 Page: 3 Filed: 07/17/2025

-- 3 of 3 --